Liability 236(1)(c) Flashcards
Assault with Intent to Rob
Section and Penalty
Section 236(1)(c) Crimes Act 1961
14 Years Imprisonment
Assault with Intent to Rob
Ingredients
.1 With intent to rob any person
.2 Being together with any other person
OR
Persons
.3 Assaults that person
OR
Any other person
.1 With intent to rob any person
Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
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Robbery:
- Theft
- Accompanied by violence or threats of violence,
- To any person or property,
- Used to extort the property stolen or to prevent or overcome resistance to it being stolen.
Sec. 234(1), Crimes Act 1961
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Person:
Gender neutral. Proved by judicial notice or circumstantial evidence.
.2 Being together with any other person
OR
Persons
Being together with:
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.
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Being together involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.
R v Galey
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v Joyce
.3 Assaults that person
OR
Any other person
Assault:
Act of intentionally or attempting to apply force to the person of another, directly or indirectly, or threatening by any acts or gestures to apply such force to the person of another. If the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to affect his purpose.
Sec. 2, Crimes Act 1961
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Person:
Gender neutral. Proved by judicial notice or circumstantial evidence.
